Opinion
89M-1965; CA A70390
Submitted on record and briefs January 24, 1992
Reversed and remanded for new hearing February 26, 1992
Appeal from District Court, Wallowa County.
Eric W. Valentine, Judge.
Jonel K. Ricker, Enterprise, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Carol J. Fredrick, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Durham, Judge.
PER CURIAM
Reversed and remanded for new hearing.
Defendant waived his right to counsel in a probation revocation hearing and represented himself. The record does not show that the trial court advised him of the consequences of a revocation or of the possible consequences and pitfalls of representing himself. See State v. Busby, 107 Or. App. 368, 812 P.2d 14 (1991). A trial court must make at least a minimum inquiry into whether a defendant understands the consequences of a waiver of counsel before allowing him to proceed without counsel. State v. Boswell, 92 Or. App. 652, 760 P.2d 276 (1988). The state concedes that defendant was not advised and is entitled to a new hearing.
Reversed and remanded for a new hearing.